Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 30
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 30
Issued by the Authority of the Minister for Small Business and Consumer Affairs
Customs Act 1901 (C'th)
Customs (Prohibited Exports) Regulations (Amendment)
Section 112 of the Customs Act 1901 (C'th) ("the Act") provides in part that:
"(1) The Governor-General may, by regulation, prohibit the exportation of goods from Australia.
(2) The power conferred by the last preceding subsection may be exercised - ...(c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.
(2A) Without limiting the generality of paragraph (2)(c), the regulations - ...(a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and..."
The Customs (Prohibited Exports) Regulations ("the Regulations") control the exportation of goods specified in the various regulations or the Schedules to the regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a Minister or a specified person.
Regulation 9 of the Regulations controls the exportation of the commodities listed in Schedule 7 by providing that the exportation of such commodities is prohibited unless a permission on in writing to export the goods has been granted by the Minister for Primary Industries and Energy or an authorised person and that permission is produced to a Collector. Items 1 and 2 of Schedule 7 extend those export controls to alumina and bauxite.
To implement the Government's policy to remove export controls from these commodities these Regulations omit items 1 and 2 from Schedule 7 to the Regulations (regulation 2.1 refers).
The Regulations commenced on gazettal.
Overview
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 30, issued under the authority of the Minister for Small Business and Consumer Affairs, amends the Customs (Prohibited Exports) Regulations to adjust the export controls on specific commodities. Enacted in 1997 by the Australian government, this amendment addresses the need to align export regulations with current policy objectives by removing restrictions on the export of certain goods. The Customs Act 1901 provides the legislative framework for these regulations, enabling the Governor-General to prohibit the exportation of goods from Australia and allowing for the imposition of conditions or restrictions on exports as necessary. The policy objective of this amendment is to streamline export processes and support the government’s economic and trade policies by facilitating the export of alumina and bauxite, which are listed in Schedule 7 of the Regulations. The Regulations took effect immediately upon gazettal.
Scope and Application
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 30 applies to the exportation of specific goods from Australia and amends the existing Customs (Prohibited Exports) Regulations made under the Customs Act 1901 (C'th). These Regulations, which are administered by the Commonwealth, specifically target the export of goods that are subject to prohibition or conditional export controls. Regulation 9 and Schedule 7 of the Regulations previously imposed restrictions on the export of certain commodities, including alumina and bauxite, by requiring a written permission from the Minister for Primary Industries and Energy or an authorised person. The amendments made by this Statutory Rule remove these export controls for alumina and bauxite by omitting items 1 and 2 from Schedule 7. This change aligns with the Government's policy to ease export restrictions on these commodities. The Regulations commenced upon gazettal, indicating that they took effect immediately upon being published in the Commonwealth of Australia Gazette.
Key Provisions
The Customs (Prohibited Exports) Regulations (Amendment) 1997 No. 30, issued under the authority of the Minister for Small Business and Consumer Affairs, amends the Customs (Prohibited Exports) Regulations. These amendments are made pursuant to section 112 of the Customs Act 1901 (C'th), which empowers the Governor-General to prohibit the exportation of goods from Australia, either absolutely or subject to specified conditions or restrictions. Regulation 9 of the Regulations, as amended, controls the exportation of goods listed in Schedule 7 by prohibiting such exports unless a written permission has been granted by the Minister for Primary Industries and Energy or an authorised person, and that permission is presented to a Collector.
These amendments impose specific obligations on entities and individuals intending to export certain commodities. Under the original Regulation 9, the export of alumina and bauxite was subject to written permission from the relevant Minister or authorised person. The amendments now remove these commodities from Schedule 7, thereby relieving the need for written permission for their export. This change aligns with the Government’s policy to ease export controls on these specific goods.
Failure to comply with the requirements of the Customs (Prohibited Exports) Regulations, including the presentation of required permissions or licences for the export of specified goods, may result in both civil and criminal penalties. Under the Customs Act 1901, unauthorised exportation of prohibited goods can lead to fines and imprisonment. The precise penalties depend on the severity of the breach, but the Act provides for maximum fines that can extend into the thousands of dollars, alongside potential imprisonment terms for more serious violations. These legal consequences underscore the importance of adhering to the regulatory framework governing the export of controlled commodities.